[Sexual Harassment Case By Woman IPS Officer] SC Stays Arrest Of Former DGP Rajesh Das

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A division bench of the Supreme Court, consisting of Justices Bela M Trivedi and Pankaj Mithal, heard an appeal by Das seeking a suspension of his sentence and an exemption from surrendering.The apex court, while hearing the appeal, ordered an interim stay on his arrest pending further proceedings

[Sexual Harassment Case by Woman IPS officer] SC Stays Arrest of Former DGP Rajesh Das

NEW DELHI: On Friday, May 17th: The Supreme Court of India ordered an interim stay on the arrest of former Special Director General of Police (DGP), Rajesh Das. The order came as a response to an appeal filed by Das against the Madras High Court’s dismissal of his pleas seeking suspension of sentence and exemption from surrendering before the trial court.

A division bench of the Supreme Court, consisting of Justices Bela M Trivedi and Pankaj Mithal, reviewed an appeal by Das seeking a suspension of his sentence and an exemption from surrendering. After considering the appellant’s arguments, the bench granted an interim stay on Das’ arrest and instructed the Tamil Nadu government to submit a counter to the appeal.

Das was convicted by a trial court in Villupuram in 2023 for sexually harassing a woman IPS officer who was working under him.

Background:

The incident in question dates back to 2021, when Rajesh Das and the woman IPS officer were providing security to then Chief Minister Edappadi K. Palaniswami during an election campaign. The woman officer accused Das of sexually harassing her, leading to a trial that culminated in his conviction in June 2023.

The Villupuram Chief Judicial Magistrate sentenced him to three years’ imprisonment and imposed a fine of Rs 10,000. The subsequent appeal to the Villupuram principal district court upheld the sentence in February 2024. Moreover, in December 2023, the state government penalized Das with compulsory retirement, which took effect a month before his superannuation.

Following his conviction, Rajesh Das approached the Madras High Court with two pleas: one seeking a suspension of sentence and the other seeking exemption from surrendering before the trial court. However, the High Court dismissed both pleas, stating that it was not inclined to grant any reprieve to the petitioner.

The court expressed its skepticism regarding the petitioner’s audacity to seek special treatment after being found guilty by two separate courts. The Madras High Court emphasized the principle of equality before the law and questioned the fairness of allowing the petitioner to evade imprisonment.

In response to the dismissal of his pleas by the Madras High Court, Rajesh Das filed an appeal before the Supreme Court. The apex court, while hearing the appeal, ordered an interim stay on his arrest pending further proceedings. This decision indicates that the Supreme Court found merit in the petitioner’s argument and deemed it necessary to prevent his immediate arrest. The interim stay ensures that Das remains free until the court final decision on his appeal.